1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that a plaintiff must adequately plead facts showing the defendant's duty to pay arose before alleging a material breach for non-payment.
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The court denied the defendants' motion to dismiss, finding that the plaintiff's claims for breach of warranty under the Magnuson-Moss Warranty Act, breach of express and implied warranties, and violation of the Florida Deceptive and Unfair Trade Practices Act were sufficiently p
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M.D. Fla.·
2022-03-02
The court held that the plaintiff sufficiently pled claims for RICO conspiracy and unjust enrichment, denying the defendant's motion to dismiss these claims.
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M.D. Fla.·
2022-03-01
The court held that Florida Statute § 327.32 imposes a higher standard of care than general maritime law, and thus Count II, which alleged a violation of that statute, must be dismissed.
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The Court denied in part and granted in part the defendants' motions to dismiss. The Court found that the merger was not entitled to Corwin cleansing because the defendants, as interested stockholders, likely constituted a majority of the voting shares. The Court also found that
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The court held that the plaintiff's complaint sufficiently alleged facts to state a plausible claim for unpaid overtime wages and liquidated damages under the Fair Labor Standards Act, thus denying the defendants' motion to dismiss.
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The court held that the plaintiff's Second Amended Complaint failed to state a claim for FMLA interference or FLSA retaliation due to insufficient factual allegations regarding protected activity and adverse actions.
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The court held that the plaintiff's allegations were sufficient to state a claim under the ADA's 'regarded as' prong, and the issue of whether the impairment was transitory and minor is a question of fact not suitable for dismissal.
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S.D. Fla.·
2022-02-25
The court held that a procuring cause claim requires a completed sale and is inapplicable when payment is based on an express contract, and that sufficient facts were alleged to pierce the corporate veil and proceed with fraudulent transfer claims against the individual defendant
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S.D. Fla.·
2022-02-15
The court granted the City of Vero Beach's motion to dismiss, finding the plaintiff failed to state a claim for municipal liability under § 1983. The court converted the individual defendants' motion to dismiss into a motion for summary judgment.
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The University Board of Trustees is not a "person" under 42 U.S.C. § 1983, and a voluntary payment of tuition does not constitute a taking under the Fifth Amendment. The court declined supplemental jurisdiction over state law claims.
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The court held that the plaintiff plausibly alleged an Eighth Amendment violation by prison medical staff for deliberate indifference to a serious medical need, and therefore denied the motion to dismiss.
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The court held that the plaintiff's allegations were sufficient to state a plausible claim under the TCPA, and therefore the defendant's motion to dismiss was denied.
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The court granted the motion to dismiss Counts V and VI of the amended complaint, finding that the plaintiff failed to state a claim under Florida's Sunshine Law and could not amend the complaint through a response to a motion to dismiss.
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Del. Ch.·
2022-02-09
The Court of Chancery granted defendants' motions to dismiss all claims. The court held that the breach of contract claim failed because the plaintiff did not identify a specific contractual provision breached and the LPA did not mandate distributions. The implied covenant claim
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The court held that a declaratory judgment complaint must be dismissed because the dispute is factual, not based on contractual ambiguity, and the plaintiff failed to allege performance of policy conditions, rendering the request for relief an advisory opinion.
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S.D. Fla.·
2022-02-01
The court held that the 'Loan Agreement and Promissory Notes' are likely securities under the Securities Acts because they fail the 'family resemblance' test, and thus the court has subject matter jurisdiction.
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The court held that the complaint failed to establish federal question jurisdiction or diversity jurisdiction, and thus dismissed all counts.
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The court held that the plaintiff failed to state a claim for relief regarding the constitutionality of the Social Security Administration's structure because she did not plausibly allege that the statutory removal restriction on the Commissioner inflicted compensable harm.
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The Delaware Court of Chancery granted the defendants' motion to dismiss, holding that the merger was approved by an informed and uncoerced majority of stockholders, thus cleansing any alleged breaches of fiduciary duty and making the business judgment rule applicable. The court
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The court denied the motion to dismiss, finding that the plaintiff adequately alleged breach of contract and breach of the covenant of good faith and fair dealing, and declined to strike class allegations at the pleading stage.
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Del. Ch.·
2022-01-20
The Court held that a dispute resolution provision requiring committee review of interpretation disputes, which is not an arbitration provision, must be interpreted according to its plain text. The plain text of Section 15.1 of the Stock Option Agreement charges the Committee wit
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The court held that the plaintiff failed to state a claim under 42 U.S.C. § 1983 because his allegations were too vague and lacked specific facts to support his constitutional claims. The court dismissed the complaint without prejudice, granting leave to amend.
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The court held that the plaintiff's pleadings were incomprehensible, frivolous, and failed to state a claim upon which relief could be granted.
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The court held that plaintiff's failure to serve defendants within the required time period constituted insufficient service of process, warranting dismissal.
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Del. Super. Ct.·
2022-01-18
The court denied the defendants' application for certification of an interlocutory appeal, finding that the order did not decide a substantial issue of material importance that merits appellate review before a final judgment and that the probable costs of interlocutory review out
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The court held that a prior dismissal with prejudice for claims based on Article 1 barred their reassertion, and that Article 2 did not constitute defamation by implication or republication, and was protected by fair reporting privileges.
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S.D. Fla.·
2022-01-12
The court held that the plaintiff failed to establish municipal liability under § 1983 because the allegations regarding the City Manager's final policymaking authority were conclusory and unsupported by facts, and the City Manager's decisions were subject to review by the City C
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M.D. Fla.·
2022-01-11
The court held that the plaintiff's claims were properly brought as a derivative action and that the plaintiff adequately pleaded satisfaction of the statutory demand requirement, thus denying the motion to dismiss.
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The court held that the plaintiffs' allegations, taken as true, were sufficient to state a claim for breach of fiduciary duty under ERISA, and therefore denied the defendants' motion to dismiss.
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The court dismissed the complaint without prejudice, granting the plaintiff an opportunity to amend due to failure to state a claim under 42 U.S.C. § 1983.
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M.D. Fla.·
2022-01-07
The court held that the plaintiff sufficiently alleged a plausible claim for violation of the Florida Security Communications Act (FSCA) regarding the recording of live chat communications via session replay software, and that the claim for declaratory relief was not duplicative.
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The court held that a stay of discovery is not warranted pending resolution of a motion to dismiss when the motion is not clearly meritorious or case dispositive, and dismissal may not be final.
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S.D. Fla.·
2022-01-05
A property owner who is not a party to a lender-placed insurance policy cannot sue for breach of contract as an omnibus insured or a third-party beneficiary if the policy language clearly indicates the insurance is for the lender's benefit and the owner's rights are limited.
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M.D. Fla.·
2022-01-04
The court held that the plaintiff's third amended complaint was a shotgun pleading and dismissed it with prejudice because the plaintiff had repeatedly failed to cure its deficiencies.
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Del. Ch.·
2022-01-03
The Delaware Court of Chancery denied most defendants' motions to dismiss claims alleging breach of fiduciary duty and aiding and abetting breach of fiduciary duty in the context of a SPAC merger. The court held that claims regarding the impairment of stockholder redemption right
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The court held that probable cause for the arrest barred the plaintiff's false arrest and § 1983 claims, and declined supplemental jurisdiction over the remaining state law claim.
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M.D. Fla.·
2021-12-23
The court held that the defendants' counterclaim seeking a declaration of common law rights to use the name 'Short-E' was not redundant and should not be dismissed.
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S.D. Fla.·
2021-12-22
A third-party complaint for contractual indemnification need not allege the validity of the indemnification provision at the motion to dismiss stage, as long as it sufficiently states a plausible claim for relief.
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The court held that the plaintiff's complaint failed to state a plausible claim for relief under 42 U.S.C. § 1983.
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S.D. Fla.·
2021-12-19
The court held that Concourse's counterclaims were not wholly redundant to the insurer's complaint and affirmative defenses, but Count II for declaratory judgment was redundant to Count III for breach of contract.
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M.D. Fla.·
2021-12-17
The court held that the plaintiff's complaint failed to state a plausible claim for relief under the Eighth Amendment and 42 U.S.C. § 1983.
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M.D. Fla.·
2021-12-10
A plaintiff has sufficiently stated a claim for negligent procurement of insurance against a broker who allegedly failed to follow up on a request to replace a driver on insurance policies.
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M.D. Fla.·
2021-12-10
The court held that Florida Statute § 327.32 imposes a higher standard of care than general maritime law, and therefore, the statute cannot be applied in this admiralty case.
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The court held that the plaintiff failed to adequately plead his claims and dismissed the complaint without prejudice, granting him leave to amend.
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The court denied the defendant's motion to dismiss, finding that the plaintiff sufficiently stated claims under the TCPA, FDCPA, and FCCPA.
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The court held that the plaintiff failed to state a claim upon which relief could be granted under Bivens or other applicable standards, and dismissed the complaint.
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The court denied the motion to dismiss the unpaid wages and retaliation claims, granted the motion to withdraw the notice of settlement, denied the motion for sanctions, and denied the motion to enforce settlement.
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The Delaware Court of Chancery dismissed the plaintiff's action to compel inspection of books and records under Section 220 of the Delaware General Corporation Law because the plaintiff lacked standing. The court held that Section 220(c) unambiguously requires a plaintiff to be a
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The court held that the plaintiff failed to state claims under the Computer Fraud and Abuse Act (CFAA) due to insufficient allegations of damages, and lacked standing for claims under ERISA and COBRA because his rights had expired and he sought penalties, not benefits. Claims und